Anyone who has had case dismissed

[dovette7]

My attorney and trustee are still negotiating. Attorney revised budget cutting an additional $369 per month. The trustee has an issue with me not working. I have a herniated disk and was in real estate for the last years. Last year, I had 2 deals total that I was paid on. One was for $3200 and the other was $7500...this was paid on a deal from the previous year. Trustee said I should be able to work to bring something into the household. That even with my injury, I should be able to bring in at least $300 per month.

In addition, he said I shouldn't pay daycare for my grandson (his mother, my daughter is 17 and we do not get child support regularly). He told my attorney that my daughter should get a job and we should get child support and that expense shouldn't be allowed.

So attorney revised budget, sent it to him for what he will do. She doesn't know. To top it off, the judge assigned to me is extremely conservative and "vicious" making people in the court including attorneys cry. My attorney does not want us to have a hearing if possible because she is almost sure that the judge will not side with me so she's trying to work the trustee to confirm.

I guess I have to be prepared for the worst case scenario...my case being dismissed this week. My attorney told me that if that happens that the creditors will be after me like a pack of wolves. We have $135 in unsecured debt, $72K in secured and priority. Husband makes gross of $136K per year.
Has anyone had their cases dismissed and have the wolves attack? How long does it take? What do they do? I have heard they will sue and garnish wages... what would we do about our cars that are financed and haven't been paid for 5 months b/c we were filing bankruptcy?

I am hoping and praying this can be worked out, but I am at the point now of not being able to worry about it constantly. I have no control over this.

My attorney actually talked to me like a person this time though and made remarks about how inconsistant and ridiculous the new bankruptcy law was. She also said that lots of people in my position would just quit their jobs, move home to family, wait, and file a Ch 7 later. I have thought of this of course and would really hate to have to do something like that. I am a bankruptcy filer that really is trying to do everything I can to pay everything I can without being completely destitute. But the new law is not taking that into consideration.

Any suggestions or experience?

[lrprn]

Any suggestions or experience?

No experience - just lots of personal research into dismissed Ch 13 cases. Sounds like you have had the extreme misfortune of drawing the trustee from hell! I'm so sorry you are being dragged through this when if you had gotten another trustee, your experience would be so very different.

Ask your lawyer if it would help to for you to ask your doctor to write a letter to the trustee stating that you should not be forced work outside the home due to a serious and chronic medical condition.

Keep us posted on what happens with your case - we are all hoping for the best and that things will work out for you, dovette! Hang in there!

[DivorceRuinedMe]

(((( DOVETTE )))) I just wanted to give you hugs and tell you that I think you are amazing. Even with this downturn of events, you still seem positive and are not freaking out. That takes guts girlfriend! Hang in there and you do what you have to do to survive and if that means quitting the job and filing 7 in 6months, that's what you do. You'll make it through this.

[MaryAnn]

The daycare issue makes sense. Your grandson has two parents, your daughter and his father, and both should pay for daycare. If the trustee allowed the daycare expense for you, that would limit the amount of welfare your daughter received and the amount of child support she receives from the father. If your daughter isn't receivng any support, she needs to take the father to court. If you're the primary custodian of the child, then you need to petition for custody or support from both your daughter and the child's father.

[SinkingFast]

The daycare issue makes sense. Your grandson has two parents, your daughter and his father, and both should pay for daycare. If the trustee allowed the daycare expense for you, that would limit the amount of welfare your daughter received and the amount of child support she receives from the father. If your daughter isn't receivng any support, she needs to take the father to court. If you're the primary custodian of the child, then you need to petition for custody or support from both your daughter and the child's father.

At age 17, the grandchild's "Mom" is still in school herself. If the Dad is the same age, he's probably still in school too. Which could explain why child support is not consistent.

Many States, California included, do have Teen Labor Laws. Kids under age 18 have to have Work Permits. Their hours on School Nights and weekends are limited. The Laws state what types of jobs teens can and cannot have. Dangerous jobs are a "No-No". Slicing meat in a Deli could be considered a dangerous job. If both parents are HS students, chances are they could only work part time jobs at best.

With Dovette's medical condition, she has been expressly told she cannot lift weight of any kind. Dovette's Hubby works full time. The grandchild's Mom is at school. Therefore making Day Care a necessity. Not a luxury.

The problem with some Trustees, especially Trustees new to the job, is knowing different families have different levels of expenses. Singles are different from Couples. Families with small children don't deal with high auto insurance premium of families with teen aged drivers.

Dovette,............ I am sorry for you that you've drawn the Trustee and Judge from "H" "E" "Double Toothpicks".

It's supposed to be one BK Law, applied the same every where, and yet it isn't.

[CATCHMEIFYOUCAN]

GOSH, since when does the Trustee rule on how you should live your life, working or not working let alone others in the household ! That would really tick me off !

Best Wishes, CMIYC

[$$only4ever]

Dovette,

I have been following your threads hoping that this nightmare will end for you. Unfortunately, the trustee sounds like a real hard nose. I did not realize that they could tell you that you have to work so they get more money. Isn't that loosely defined as "pimping?"

Good Luck. I have my fingers crossed hoping that all turns out well for you.

[brokeinmichigan]

If your daughter and grandchild live with you, I believe you can claim both as dependents. In that case, you should be able to claim daycare expenses, especially if your daughter is still in school. If she is not going to school (or working) she shouldn't need daycare. I imagine, if you are paying for daycare, that is not the case. The only other thing I can think of is, if your daughter appointed you (temporary) legal guardian of the baby.

Good luck.

Hoping for brighter skies ahead...

[dovette7]

Thanks for your support guys.
Even though we have been paying childcare for my grandson, I kind of understand how the trustee is taking a stand on that issue. The attorney and trustee talked and she cut other expeneses down (clothing to $0 Cable to $0, Cell phones to $0 Gas to $350 and Daycare to $250 ) A total of $369 per month more. In addition, we have to pay an additional $689 a month for income taxes that are not payroll deducted....so from our first submitted budget, there has been a total of $1058 cut from our budget. I have been going over our expenses and doing spreadsheets and even with that....I think we could make it at this budget..hopefully. Since it is summer, my son will be home and can help me with the baby and hopefully by time school starts I will be able to do it alone.

I would have rather the attorney contact me first and I would have just cut out the daycare part of the budget and left other necessary things like clothing and more in the gas budget especially since trustee had the issue with daycare.

The trustee has is issues and it is mainly because we are high income filers and the means test shows we should be able to pay $1350 to unsecureds. Our first budget was paying $360 and this one is paying $729 which is 33%.
He says that even though there is case law in our district allowing "projected monthly income" is to be used, that those cases had a "change of circumstance".......from time of filing. A woman had a heart condition and couldn't work at all. He says there is no "change of circumstance" in our case because my injury is not permanent. That I should be able to work even part time to bring money in.



One of the posts above is giving me kudos for not freaking out. Thanks!!! But internally I'm just about at the end of my rope. I'm dreaming and waking up this stuff. And ultimately my life at this point is not in my control. All the "what if's" are killing me. If this case gets dismissed, I have no plan. We are stuck in the nightmare and I don't see answers. I guess this week will be the tell all and I am afraid. Thank goodness for my faith, because without it, I would be in such hopelessness. I believe all this is going to come to my good somehow...I just am ready to see how so I'm learning patience through all this too.

What's sad also is that a lot of my attorney's advice was not good. At the beginning, he said if we didn't want our house in 5 years, to let it go back. If we had not done that, the means test figure showing what we could pay would've been lower. If we would've waited a little longer to file, it would have showed a lot less we could pay without "change of circumstance" being an issue. We haven't tried to hide anything, we haven't tried to keep luxery items. We have done everything the right way and I just have to believe this will work out. I have to.

Thanks again for all of your support. I know I'm not the only one in the world going through this mess even though when your in the middle of it, it seems that way. So my prayers are will all of you in your times if trouble and stress also. Thanks guys.

[workinghard]

Hi Dovette,

"What's sad also is that a lot of my attorney's advice was not good."

I really don't know what to say except I feel for yah. I'm in a similar situation where my case is hanging on a thread and i'm actually -thinking of getting a new lawyer.This ordeal has been very frustrating for me.